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-25- <br />VIII. Water Rights and Rdplacement - Rules 2.09.7(3), 2.05.6(3)(ii), <br />2.07.6(2)(c), and 4.05.15 <br />In the adequacy letter of January 18, 1982, the Division noted two areas of concern <br />with regard to protection of existing water rights along the North Fork of the <br />Gunnison. <br />First, the Division requested, due to the proximity of the proposed Bear No. 3 <br />facilities to the town of Somerset, that the applicant provide information on <br />the presence of any domestic wells in the area within and adjacent to the proposed <br />surface facilities area. The Division specified that the information include depth <br />to water and average yield. <br />Second, the Division stated that it was unclear from information presented in the <br />application what the source of water would be for use in the proposed Bear No. 3 <br />operation. The Division requested that the applicant describe, in the application, <br />what the source of the water would be and indicate whether a right to water had <br />been obtained or applied for from the Colorado Division of Water Resources. <br />In a letter of March 4, 1982, the applicant provided estimates on the general water <br />use requirements for the Bear No. 3 operation. An estimated 5.5 acre feet/year <br />will be required; with approximately 1.15 acre feet for domestic use, and the re- <br />mainder needed for dust suppression and equipment use underground. The potable <br />water will be obtained from the Somerset water system (see letter of March 8, 1982 <br />from Somerset Domestic Waterworks). Bear has applied to the Colorado Division of <br />Water Resources to install an alluvial well and pump to supply water for operational <br />use. <br />The applicant indicated that there were three domestic wells within the proposed <br />Bear No. 3 surface facilities area, but none were presently being used and none <br />of the wells were registered with the State Engineer. Applicable sections of the <br />permit application have been forwarded to the State Engineer to examine issues <br />concerning compliance with State Water law. <br />The proposed operation is in compliance with the requirements of this section. <br />